DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RUS Mining Services Pty Ltd
(AG2015/4560)

RUS MINING SERVICES NSW SOUTHERN AND WESTERN DISTRICTS AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 AUGUST 2015

Application for approval of the RUS Mining Services NSW Southern and Western Districts Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RUS Mining Services NSW Southern and Western Districts Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that clause 21 of the Agreement contains four paragraphs under the heading ‘UNDERTAKINGS’. Following the hearing of this matter, and despite the heading, I am satisfied that these paragraphs in fact formed part of the Agreement at the time it was put to the employees to be covered. They are not undertakings that I have required under s.190 of the Act.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and will operate from 25 August 2015. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

Appearances:

C Smith for RUS Mining Services Pty Ltd.

M Higgins in person.

D Juleff in person.

Hearing details:

2015.

18 August.

Sydney.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RUS Mining Services Pty Ltd applied to the Fair Work Commission for the approval of the RUS Mining Services NSW Southern and Western Districts Agreement 2015. The application followed a bargaining process between the company and the Australian Manufacturing Workers' Union. The dispute centred around the terms of the proposed agreement and whether it complied with relevant industrial laws.

The primary legal issue the court needed to address was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included verifying if the agreement contained the necessary protected action provisions and whether it adhered to the good faith bargaining obligations. The court also had to consider whether the agreement was in the best interest of the employees and whether it provided fair and reasonable terms.

In its decision, the Fair Work Commission noted that the agreement was reached through good faith bargaining and contained the necessary protected action provisions. The Commission found that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees. The court emphasised that the agreement included provisions for wage progression, workplace health and safety, and dispute resolution mechanisms. After carefully reviewing the content and context of the agreement, the Commission approved the RUS Mining Services NSW Southern and Western Districts Agreement 2015.

The final orders of the court included the approval of the agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The court also ordered that the agreement be published and made available to the parties involved.

RUS Mining Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established